LRB-1141/1
MED:kjf
2017 - 2018 LEGISLATURE
March 23, 2017 - Introduced by Senators Hansen, Bewley, Carpenter, Johnson,
Shilling, L. Taylor and Wirch, cosponsored by Representatives Wachs,
Hesselbein, Anderson, Berceau, Brostoff, Genrich, Kessler, Ohnstad,
Sargent, Shankland, Sinicki, Spreitzer, Subeck, C. Taylor and Zamarripa.
Referred to Committee on Transportation and Veterans Affairs.
SB117,1,4 1An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 103.08
2and 106.54 (11) of the statutes; relating to: a requirement that all employers
3in this state grant a paid leave of absence on Veterans Day to employees who
4are veterans.
Analysis by the Legislative Reference Bureau
Under current law, November 11 (Veterans Day) is a legal holiday. This bill
requires every public and private employer in this state to grant to each employee
who is a veteran a paid leave of absence for the entire workday on Veterans Day, or
on the following Monday if Veterans Day falls on a Saturday or Sunday and the
employee is not scheduled to work on that day. Under the bill, for employees who are
covered under a collective bargaining agreement, the paid leave of absence is granted
only if so provided in the collective bargaining agreement.
The bill prohibits an employer from discharging or discriminating against an
employee in promotion, in compensation, or in the terms, conditions, or privileges of
employment for taking a paid leave of absence on Veterans Day; opposing a discharge
or discrimination in violation of the bill; filing a complaint or attempting to enforce
a right under the bill; or testifying or assisting in any action or proceeding to enforce
a right under the bill. An employee who is discharged or discriminated against in
violation of the bill may file a complaint with the Department of Workforce
Development, and DWD must process the complaint in the same manner that
employment discrimination complaints are processed under current law. That

processing may include the ordering of back pay, reinstatement, compensation in
lieu of reinstatement, and costs and attorney fees.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB117,1 1Section 1. 103.08 of the statutes is created to read:
SB117,2,2 2103.08 Paid leave of absence on Veterans Day. (1) In this section:
SB117,2,33 (a) “Employee" means an individual employed in this state by an employer.
SB117,2,84 (b) “Employer" means a person engaging in any activity, enterprise, or business
5in this state. “Employer" includes the state and any office, department, independent
6agency, authority, institution, association, society, or other body in state government
7created or authorized to be created by the constitution or any law, including the
8legislature and the courts.
SB117,2,99 (c) “Veteran" has the meaning given in s. 45.01 (12) (a) to (f).
SB117,2,16 10(2) (a) Subject to par. (b), an employer shall grant to each employee who is a
11veteran a paid leave of absence on November 11 or, if November 11 falls on a Saturday
12or Sunday and the employee is not scheduled to work on November 11, on the
13following Monday. The leave of absence shall be for the entire workday. If an
14employee intends to take a leave of absence under this paragraph, the employee
15shall, in a reasonable and practicable manner, give the employer advance notice of
16the leave of absence.
SB117,2,2017 (b) For employees whose wages, hours, and conditions of employment are
18determined under a collective bargaining agreement, par. (a) applies only if the paid
19leave of absence described in par. (a) is provided under the collective bargaining
20agreement.
SB117,3,6
1(3) An employer may not discharge or discriminate against an employee in
2promotion, in compensation, or in the terms, conditions, or privileges of employment
3for taking a paid leave of absence as provided in sub. (2), opposing a practice
4prohibited under this section, filing a complaint or attempting to enforce any right
5under this section, or testifying or assisting in any action or proceeding to enforce any
6right under this section.
SB117,3,13 7(4) An employee who is discharged or discriminated against in violation of sub.
8(3) may file a complaint with the department, and the department shall process the
9complaint in the same manner that employment discrimination complaints are
10processed under s. 111.39. If the department finds that an employer has violated sub.
11(3), it may order the employer to take such action under s. 111.39 as will effectuate
12the purpose of this section. Section 111.322 (2m) applies to a discharge or other
13discriminatory act arising in connection with any proceeding under this subsection.
SB117,2 14Section 2. 106.54 (11) of the statutes is created to read:
SB117,3,1715 106.54 (11) The division shall receive complaints under s. 103.08 (4) and shall
16process the complaints in the same manner that employment discrimination
17complaints are processed under s. 111.39.
SB117,3 18Section 3. 111.322 (2m) (a) of the statutes is amended to read:
SB117,3,2219 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
20right under s. 103.02, 103.08, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,
21103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
22or 103.64 to 103.82.
SB117,4 23Section 4. 111.322 (2m) (b) of the statutes is amended to read:
SB117,4,224 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
25held under or to enforce any right under s. 103.02, 103.08, 103.10, 103.11, 103.13,

1103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB117,4,33 (End)
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